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Legal Opinion

Straub v. BNSF Ry. Co.

Court of Appeals for the Tenth Circuit

Decided December 3, 2018No. 17-1050PublishedCited by 63 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

I. INTRODUCTION

George Straub, an employee of BNSF Railway Company ("BNSF"), injured his back and neck when, in the course and scope of his duties, he attempted to adjust the engineer's chair of Locomotive #6295. Straub brought suit, asserting BNSF was, inter alia, strictly liable for his injuries under the provisions of the Federal Locomotive Inspection Act ("LIA"), 49 U.S.C. § 20701 - 20703, and its implementing regulations, 49 C.F.R. pt. 229. Upon BNSF's Fed. R. Civ. P. 12(b)(6) motion to dismiss, the district court concluded Straub's injuries did not implicate LIA.…

2Cases cited25 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  3. Urie v. ThompsonSupreme Court of the United States · 1949
  4. Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
  5. Gee v. PachecoCourt of Appeals for the Tenth Circuit · 2010

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3Cited by63 opinions

  1. Farmer v. Kansas State UniversityCourt of Appeals for the Tenth Circuit · 2019
  2. Schulenberg v. BNSF Ry. Co.Court of Appeals for the Tenth Circuit · 2018
  3. Kansas Natural Resource v. United States Dept of InteriorCourt of Appeals for the Tenth Circuit · 2020
  4. Butler v. Bd. of Cnty. Com'Rs for San Miguel Cnty.Court of Appeals for the Tenth Circuit · 2019
  5. Thornton v. Tyson FoodsCourt of Appeals for the Tenth Circuit · 2022

58 more not listed; retrieve them via the Exa API.

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